Marketing: Can we advertise?

The marketing of gambling products in Ireland (aside from the National Lottery) is regulated by the Advertising Standards Authority for Ireland (ASAI), and since 1 March 2016 has been subject to the Code of Standards for Advertising and Marketing Communications in Ireland (the Code). The Code places restrictions and obligations on the ways in which gambling products are marketed, and amongst other things mandate that such marketing communications must; Contain messaging to promote responsible gambling, and direct people to a source of information about responsible gambling. Not encourage or portray gambling behaviour which is socially irresponsible or could lead to financial, social, or emotional harm. Not suggest gambling can provide an escape from personal, professional, or educational problems such as loneliness or depression. Not present gambling as an alternative source of income or substitution for employment. Not suggest gambling can enhance personal qualities and that it might improve self-image or self-esteem or that it may be a way to gain control, superiority, recognition, or admiration. Not suggest peer pressure to gamble or present abstention from gambling as negative. Not link gambling to sexual success or enhanced attractiveness. Not suggest gambling is a rite of passage. Not state or imply a promise of winning or portray unrealistic outcomes. Winning claims, success rate claims and profitability claims should be factual and capable of substantiation. The chances of winning or the size of prizes available must not be exaggerated. Not state or imply that a player’s skill can influence the outcome of a game unless the skill can be demonstrated to affect the outcome of the game. Specific provisions of the Code lay out rules prohibiting the marketing of gambling products to young persons and children. In particular, the Code states that marketing communications should not harm or exploit the susceptibilities, aspirations, credulity, inexperience, or lack of knowledge of children. To this end, the Code states amongst other things that marketing communications should not: Be likely to be of particular appeal to children (for example through linking gambling products or advertisements to youth culture, or using in such advertisements signs, symbols, drawings or fictitious or real characters of primary or particular appeal to children). Depict adolescent, juvenile, or loutish behaviour. Feature children, except in an incidental manner. Feature anyone who is, or seems to be, under 25 years old (18-24), unless those individuals feature only to illustrate specific betting selections (for example where that individual is a participant in an event on which a bet is offered). Be displayed within 100 metres of a school entrance. Aside from the ASAI standards and code of practice, companies should familiarise themselves with the new law. Under section 157 of the new Gambling Regulations Act an inducement means a benefit or advantage the intent of which is, either directly or indirectly, to encourage participation in gambling (e.g. free bets, money back guarantees etc). A licensee can only offer inducements to the general public. They cannot be offered to a person or to specific groups of persons. It is a criminal offence to offer inducements in breach of these restrictions. A licensee cannot select a number of loyal customers and offer them free bets or any other benefit to encourage them to gamble. A licensee cannot offer a reward or loyalty scheme for customers who bet a certain volume over a particular period of time. Offline: Radio & TV broadcast, print, SMS, sponsorship Marketing communications made via ‘Broadcasting Services’ (which can commonly be understood to constitute television or radio mediums, but not services provided by way of the internet) are subject to supervision by the Broadcasting Authority of Ireland (BAI). Such marketing communications must comply with the General Commercial Communications Code (the Broadcast Code), which makes specific provision for broadcast advertisements of gambling products. Provisions are similar to those found in the ASAI Code, prohibiting broadcast marketing which may lead to problem gambling or other social responsibility concerns such as the marketing of gambling services to children. The Broadcast Code specifically prohibits commercial communications which seek to directly encourage players to gamble. Explicitly stated examples include the dissemination of information detailing special offers, free bets as prizes in competitions, discounts, inducements to visit any gambling establishment (including on-line) or any promotional offer intended to encourage the use of services of this nature. Gambling advertisements in Ireland have drawn criticism from prominent political figures including the President, Michael D. Higgins, who in the summer of 2021 called for their outright ban. The position of President is largely ceremonial, but a bill to prohibit gambling advertisements has been introduced by the opposition Labour Party and is still active, albeit without widespread support at this time. It is likely this Bill may be tabled in light of the strict measures to be introduced in the new Bill. Other opposition parties have similarly proposed restrictions on gambling advertisements, including members of Sinn Féin who have suggested a ban pre-watershed and during the live broadcast of sporting events. For further information on proposed restrictions on advertising, promotions and sponsorships set out in the 2024 Act, see Marketing Future Outlook section. In brief, advertising was one of the most controversial and debated sections of the new Act. The Act now contains a broad range of provisions relating to advertising, including social media and video sharing platforms. These provisions are explored in more detail in the future outlook section. Lottery: Marketing communications of the National Lottery are regulated under the National Lotteries Act 2013, and so are not subject regulation by the Advertising Standards Authority for Ireland (ASAI) nor the code of practice which it publishes and enforces (the Code). Despite this, the operator of the National Lottery has committed to observe and comply with the provision of the Code under its own Advertising and Promotion Code of Practice which can be accessed here: https://www.lottery.ie/content/dam/pli/docs/codes-of-practice/december-2019/Advertising-and-Promotion-Code-of-Practice-Dec-2019.PDF In the limited circumstances where alternative lotteries to the National Lottery are permitted, the marketing of such lotteries will be subject to regulation by the ASAI and the Code. The Code places a number of restrictions and obligations on the marketing of bingo and other gambling products. Such restrictions and obligations are generally designed to promote the prevention of irresponsible gambling and the prohibition of marketing communications concerning gambling products which are misleading. The Code also contains specific provisions prohibiting the targeting of children in gambling advertisements. Marketing communications transmitted over mediums such as television or radio (but not over the internet) will be regulated and supervised by the Broadcasting Authority of Ireland (BAI). BAI publishes and enforces the General Commercial Communications Code, which broadcasted commercial communications must comply with. For a more detailed account of such restrictions and obligations, please see the General marketing section. View Lottery Marketing in Ireland (Republic)